Asteria Common Terms of Use

Thank you for using web services and software (collectively, “Services”) provided by ASTERIA Corporation (“we”, “us”, “our”, “ASTERIA”).By using or downloading our Services, you and the corporation you represent (collectively, “you”, “your”) agree to the terms and conditions stipulated hereunder in this ASTERIA Common Terms of Use as well as to any other additional terms of use of our Services (collectively, “Agreement”).

I. Your Data and your Activity

ASTERIA will not infringe upon the copyright or any other rights you hold for data you provided through our Services such as electronic files, text data and information you created through our Services (collectively, “Data”).
ASTERIA retains the right to carry out necessary processes required for us to be able to provide Services to you, including and not limited to the retention, processing, display, and backup of your Data. ASTERIA will not, however, examine the content of your Data.
In order to improve our Services, ASTERIA may monitor and analyze your status of utilization of our Services (“Activity”).
ASTERIA will take appropriate steps to manage and prevent leakage of your Data. Unless compelled by the law to do so, ASTERIA will not access, change or disclose your Data without your permission.
ASTERIA will not handle any electronic data containing your Japan’s “Individual Number”, a social infrastructure established by the law where numbers are used to identify specific individuals, for administrative procedures. (Japanese “My Number Law”, law No.27, 2013)

II. Your Responsibilities

You shall use our Services in accordance with the Agreement, user guide, laws and regulations applicable in Japan and/or your country.
You shall bear responsibility for all of your own actions when using our Services, including the usage of, sharing and disclosure of your Data. You shall not infringe and/or damage the rights, reputation and privacy of others . You will be responsible for any issues that should arise from these actions, infringement and damage acts of yours, and shall resolve it at your own expense.
You shall not share, transfer, lease, or sell any downloaded software or your accounts required to use our Services (“Account”). Should an issue arise from the actions of a third party after the transfer of a software or an Account, you shall be responsible for resolving the issue at your own expense.
You shall not misuse our Services or interfere with the operation of our Services. If you happen to find any activity that might be improper or might interfere with the operation of our Services, please inform us immediately without any delay.
Attempt of reverse engineering, decompilation and modification of our Services shall not be tolerated. If you happen to discover a third party attempting to carry out the above actions, you shall not tolerate nor support such actions.

III. Services and Agreement

Our Services, including attached documents, content, brand names and logos, belong to ASTERIA or a third party ASTERIA has a license agreement with, and is protected by copyright, trademark and other applicable laws in Japan and your country.
ASTERIA may change or suspend our Services at any point in time without prior notice. However, should there be a change in the method of access or a planned suspension of our Services lasting for longer than an hour, we will inform you at the registered e-mail address no later than a week before the change or suspension.
ASTERIA updates our Services to deliver revised versions of our Services to upkeep and maintain our Services. In no way can ASTERIA guarantee the revised versions from malfunctions.
ASTERIA may update the Agreement at any point in time without prior notice. However, should the change considerably reduce your rights, with the exception of emergency situations, we will notify you of the modified terms and date of effect at the registered e-mail address no later than a week before the implementation of the change. Should you continue to use our Services after the modified terms take effect, you agree to use our Services based on the updated Agreement.

IV. Disclaimers

ASTERIA makes no warranties, either express or limited, on our Services. Services are provided “AS IS”.
ASTERIA will make reasonable efforts to ensure proper operation of our Services and minimize downtime. However, there may be temporary suspension of our Services due to system malfunctions and other reasons. ASTERIA shall not be held liable for any damages you may incur as a result of such suspension of our Services.
ASTERIA will make reasonable efforts to operate our Services 24 hours a day, 365 days a year, with the following exceptions.
1. Planned outages
2. Outages resulting from situations beyond our reasonable control (Situations may include but are not limited to force majeure, actions by government agencies, natural disasters, public disturbances, acts of terrorism, internet service provider delays or malfunctions, and external attacks)
ASTERIA may use a third party service for login authentication etc. to our Services. We shall not bear any responsibility as to how the third party service handles your information.
You shall be compensated in the event where damages are incurred as a result of ASTERIA breaching the Agreement. However, we shall not be held liable in any lost profits, indirect damages, special damages, incidental damages, consequential damages, or punitive damages that you may incur. The amount of compensation shall not exceed the amount paid by you to ASTERIA for our Services in the past 12 months prior to the date of the event causing the liability.

V. Suspension, Termination and Deletion of your Account and Data

You may terminate the use of our Services at any time.
Should you breach the Agreement, ASTERIA shall have the discretion to suspend your access to our Services at any time without prior notice.
Should ASTERIA decide to terminate your Account as a result of a breach of the Agreement or a delay in the payment for our services, ASTERIA will notify you at the registered e-mail address with details of the circumstances and suggested amendments. Should there be no remedial measure taken to rectify the circumstances 2 weeks after the notice is sent, your Account shall be terminated. In this case the following items shall apply.
1. Should your access to our Services be terminated, you must dispose all of our software and any other copies made.
2. ASTERIA shall not refund you in the event where your access to our Services is suspended or terminated.
Excluding paid Services, ASTERIA reserves the right to terminate the provision of our Services if there has been no access for 12 consecutive months. Should we decide to terminate the provision of our Services, we shall inform you at the registered e-mail address no later than a week before the actual termination.
ASTERIA may delete all Data, Activity, and information related to your Account 2 weeks after the termination of your Account.
ASTERIA shall not be held liable for any damages you may incur as a result of the suspension or termination of the provision of our Services and/or the deletion of your Data and Activity. Separate from the event where your access to our Services are terminated, you will still have to compensate us for any damages.

Vl. General Provisions

Unless you have our prior consent in writing, rights and obligations under the Agreement, be it in part or in whole, may not be transferred or provided as a collateral to a third party.
The Agreement shall be governed by the laws of Japan regardless of the country in which our Services are used.
It is agreed that the Tokyo District Court shall be the court of first instance with exclusive jurisdiction should there be a lawsuit related to our Services.
This Agreement shall take precedence over all other arrangements made between you and ASTERIA.
In the event where one or more provisions in this Contract are deemed invalid due to the contravention of public order and morality, compulsory provision, or other reason, the validity of other provisions shall survive.
Should our software and application programs be brought or transmitted to countries outside of Japan, it shall be done so in compliance with relevant Japanese export laws.
Should your personal information be included in the information you provide for us to improve our Services, we shall handle it in accordance with our privacy policy (https://en.asteria.com/privacy/).
You represent that you, your parent company and your subsidiaries, including their officers, are not a group or individual pursuing economic interests using violence, power, fraudulent methods (“Antisocial Forces.”) In addition, You shall agree not to associate nor engage in transactions with stakeholders of Antisocial Forces. In the event that it is found that you contravene or violate these provisions, ASTERIA shall be able to stop your use of the Services immediately without any notice.

*Last updated on: 1 st October, 2018